LENS Essay Series: “Not Just Words: Grappling with the Doxing of Civilians in War”
Do you know what “doxing” (sometimes spelled “doxxing”) is? Do you understand how it might be used in wartime? How should the law of armed conflict treat it?
The latest installment of the LENS Essay Series has some answers for you. In a brilliant analysis – “Not Just Words: Grappling with the Doxing of Civilians in War“ – Duke Law 3L Riley Flewelling expertly unpacks this phenomena.
We’ve already seen its criminal use, but now doxing is being weaponized for employment in both international and non-international armed conflicts–and it’s being perpetrated by state and non-state actors.
Riley will explain how existing law might apply, highlight the legal challenges, and offer ideas about the way ahead. This is cutting-edge analysis, so don’t miss it!
Here’s the abstract:
As warfare evolves, so must the law of armed conflict. Modern war has spilled off the battlefield. States leverage sanctions in the hopes of weakening their opponents or the opponents of their allies, and information operations seek to change the “truth” of what happens on the ground. This paper reckons with another way war might expand out of its traditional box: the use and abuse of civilian data through doxing. Doxing is the process of publishing private information about an individual or organization, often as a form of punishment.
Doxing is often thought of in reference to political scandals or corporate leaks, but it could be used in a wartime setting as well. As civilians share greater and more personal swaths of information online, and certain states develop wide-reaching control of the internet, doxing could be used to draw targets on the backs of particular groups. This phenomenon appears to have happened in countries like Ukraine and Myanmar.
This paper explores existing frameworks in the law of armed conflict which could be used for the emerging threat of doxing. This paper ultimately argues that incremental steps forwards in the ways the law of armed conflict has handled propaganda may provide the most fitting solution.
Be sure to read the full essay here!
About the Author
Riley Flewelling (J.D./L.L.M. 2024) is a third-year at Duke University School of Law. She hails from Colorado Springs, Colorado and graduated from Dartmouth College with a B.A. in Government in 2021. During her 1L summer, Riley externed with the US Air Force JAG Corps and studied at the Duke-Leiden Summer Institute in the Netherlands. During her 2L summer, she worked in Washington, D.C. as a Summer Associate with Crowell & Moring. At Duke, Riley serves as Co-President of the National Security Law Society and is a Notes Editor for the Duke Law Journal.
Remember what we like to say on Lawfire®: gather the facts, examine the law, evaluate the arguments – and then decide for yourself!
